Judge Dismisses Second Lawsuit Seeking Demolition of Marilyn Monroe’s Former Brentwood Home

A federal judge on Sept. 28 dismissed a second legal challenge by homeowners Brinah Milstein and Roy Bank who sought to demolish the Los Angeles house where Marilyn Monroe died after the city designated the property a Historic-Cultural Monument (HCM).

What the Court Decided

U.S. District Judge Percy Anderson granted the City of Los Angeles' motion to dismiss, finding the plaintiffs failed to state a viable federal taking claim. The defendants named in the suit include the City of Los Angeles and Mayor Karen Bass. Although the court acknowledged the homeowners' allegation that the designation reduced the property's market value by nearly 91%, the judge concluded that the complaint did not establish a legal basis for relief under the takings doctrine.

The roof of Marilyn Monroe's former Brentwood home.Credit: Courtesy of Pacific Legal Foundation

Timeline And Owners' Claims

Milstein and Bank say they purchased the Spanish Colonial–style Brentwood residence in 2023 intending to demolish structurally dilapidated buildings on the lot. They allege they spent about $30,000 obtaining demolition and grading permits that were initially approved by the city.

According to their complaint, the Los Angeles City Council voted on Sept. 8, 2023, to consider the property for historic designation — a step the homeowners say was taken without notice to them — and the designation was ultimately approved on June 26, 2024. The designation imposed a stop on planned demolition work and, the plaintiffs contend, sharply reduced the property's value from a claimed $8.5 million pre-designation to roughly $820,000 afterward.

The kitchen inside Marilyn Monroe's former Brentwood homeCredit: Courtesy of Pacific Legal Foundation

Property History And Effects

The owners argue that decades of alterations and renovations mean little or no physical trace of Monroe's brief occupancy remains. They note the property has passed through 14 owners, undergone numerous remodels and been the subject of more than two dozen building permits issued over the years.

Since the designation, the couple says the site has attracted heavy visitor interest, forcing them to hire private security to deter trespassers. The homeowners asked the court either to order the city to reinstate their demolition and grading permits or to compensate them for their 2023 investments in the property.

A tour bus parks outside Marilyn Monroe's former Brentwood home.Credit: Courtesy of Pacific Legal Foundation

Marilyn Monroe And The House

Marilyn Monroe purchased the 1929 Spanish Colonial–style Brentwood home in February 1962 and lived there intermittently — reportedly for only about six months — as she moved between residences. She was found dead inside the house in August 1962. A coroner's report cited acute barbiturate poisoning, listing Nembutal and chloral hydrate, and her death was ruled an overdose and "probable suicide."

"While we are disappointed by the court's decision to dismiss, this is not the end of the road," said Dave Breemer, senior attorney at the Pacific Legal Foundation, which represents the homeowners. "The facts show the significant burden Los Angeles has placed on Milstein and Bank's property, and we are prepared to continue fighting to protect their property rights on appeal."

What Comes Next

Judge Anderson previously dismissed the couple's initial complaint in May. With the second dismissal, the dispute now appears likely to continue on appeal, setting up a broader legal confrontation over the balance between historic preservation and private property rights in Los Angeles.